Transfer of property. creation of will
Sandesh
(Querist) 23 November 2015
This query is : Resolved
My mothers owns a 1 Bhk apartment at thane. My father has passed away. I have one sister who resides in Us. My mother has put my name in nomination in our societys share certificate.
Since my sister is not intrested in any propery and savings and also she does not have time to come to india.My mother wants to make a will stating Tranfer of ownership of flat on my name as well as her saving in banks post death in my name.
Just wanted to know can my mother make such a will without my sisters consent and will this be accepted by law to tranfer all rights to me.
Kumar Doab
(Expert) 23 November 2015
You have posted that your mother owns the property.
She can give it by valid (preferably registered) WILL, Gift,sale,transfer deed etc.........
It is mandatory to probate the WILL in Bombay. You may confirm the same for Thane.
Nomination in society does not create a parallel route to succession therefore nomination shall not confer ownership rights to you.
Hence in addition to nomination your mother may give it by valid (preferably registered) WILL, Gift,sale,transfer deed etc.....
If your mother has written a WILL and mentions bank a/c's, life insurance, mutual funds, locker, etc also in it, then it is better.
Nomination in bank a/c also does not grant sole ownership on funds. Although bank can give the funds in bank a/c to nominee and discharge its responsibility.
kavksatyanarayana
(Expert) 23 November 2015
author, Mr.kumar doab sir explained well. The will come into operation only after the death of the testator only. if you want immediate possession, then your mother shall execute Gift,sale or any transfer deed
Sandesh
(Querist) 23 November 2015
Thank u all
Rajendra K Goyal
(Expert) 24 November 2015
To give you absolute ownership of property movable / immovable after her, she should bequeath her property in your favor. No need of consent of your sister for will.
K.S.Srinivas
(Expert) 24 November 2015
Agreed with Sri Kumar Doab.
Sandesh
(Querist) 23 April 2016
My mother is making a will now and I am going to be sole beneficiary after her death. I just wanted to know can I be the executioner of the will as well as benificiary.
Secondly I would like to know do I have to register the will if yes where in thane should I do that. What is the process of registration
At last Post my mother do I just require will to be submitted to transfer Flat and savings on my name. I am already a nominee in Share certificate of our flat and nominee in banks.
Kumar Doab
(Expert) 23 April 2016
It is not essential to appoint the executor.
Beneficiary can be executor.
It is not uncommon practice.
If the beneficiary is the executor then it can have its own drawbacks as court may frown upon in case of dispute since donee might have influenced the donor.
If your sister is not interested in the estate let her relinquish her rights.
It is mandatory to probate the WILL in Bombay. You may confirm the same for Thane, from registering authority that might be Sub Registrar. You can inquire all charges, procedures, and formalities from there.
Rest better engage an able counsel and your able counsel can guide you further.
T. Kalaiselvan, Advocate
(Expert) 03 December 2015
